S.I. No. 362/1989:

AIR NAVIGATION (EUROCONTROL) (ROUTE CHARGES) REGULATIONS, 1989.

AIR NAVIGATION (EUROCONTROL) (ROUTE CHARGES) REGULATIONS, 1989.

I, SÉAMUS BRENNAN, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 12 (as inserted by section 1 of the Air Navigation (Eurocontrol) Act, 1971 (No. 19 of 1971), and amended by section 14 of the Air Navigation (Euro control) Act, 1983 (No. 38 of 1983)), of the Air Navigation (Eurocontrol) Act, 1963 (No. 15 of 1963), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), hereby make the following regulations (the charges thereunder having been determined by me in pursuance of tariffs approved of under an international agreement to which the State is a party):

1. These Regulations may be cited as the Air Navigation (Eurocontrol) (Route Charges) Regulations, 1989 and shall come into operation on the 1st day of January, 1990.

2. In these Regulations--

"contracting state" means a state which is not a member state, but which has, by way of special agreement, entrusted the Organisation with the collection, on its behalf, of charges for air navigation services provided by it in the airspace for which it has responsibility;

"member state" means a state which is a member state of the Organisation and which is a party to the multilateral agreement relating to charges for route air navigation facilities and services which was signed on behalf of the Government at Brussels on the 8th day of September, 1970;

"maximum authorised weight" refers, in relation to an aircraft, to the maximum permissible loaded weight, expressed in metric tons, authorised by the certificate of airworthiness of the aircraft issued or validated under the Air Navigation (Airworthiness of Aircrafts) Order, 1964 ( S.I. No. 141 of 1964 );

"military aircraft" means aircraft used in military service and includes naval, military and air force aircraft, and every aircraft commanded by a person in naval, military or air force service;

"the Organisation" has the meaning assigned to it by the Air Navigation (Eurocontrol) Act, 1963 (No. 15 of 1963);

"the relevant airspace" means the airspace the lateral and vertical extent of which are as follows:

( a ) the lateral extent shall be the area provided by straight lines joining the following co-ordinates:

5520N 0655W -- 5525N 0720W --

5520N 0815W -- 5445N 0900W --

5434 N 1000W -- 5400N 1500W --

5100N 1500W -- 5100N 0800W --

5220N 0530W -- 5355N 0530W --

5425N 0810W -- 5520N 0655W;

( b ) the vertical extent shall extend from ground level with no upper limit.

3. (1) Subject to these Regulations, the operator of an aircraft for which air navigation services (not being air navigation services provided in connection with the use of an aerodrome) are made available in the relevant airspace shall pay to the Organisation in respect of each flight by that aircraft in that airspace, a charge for those services (hereinafter referred to as "the charge") at the appropriate rate calculated in accordance with Regulation 5 or 6 of these Regulations.

(2) Where the Organisation is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he established to the reasonable satisfaction of the Organisation that some other person is the operator, and from the time when the notice is given the Organisation shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner of the aircraft as if he were the operator.

(3) No charge shall be made in respect of such a flight as is specified in Regulation 6 of these Regulations which enters the relevant airspace if the operator is liable to a charge in respect of that flight (being a charge of an amount equivalent to the charge in respect thereof which but for this paragraph would have been imposed by virtue of Regulation 6) pursuant to the law of the first state (being a member state, other than the State, or a contracting state) overflown during the flight.

4. (1) The amount of the charge shall be payable to the Organisation at its principal office in Brussels.

(2) The amount of the charge shall be paid in European Currency Units.

(3) The equivalent in currency of the State of the charge shall be recoverable in any court of competent jurisdiction in the State.

(4) Nothing in this Regulation shall prevent the Organisation from accepting as a good discharge payment in currencies, other than European Currency Units or at places other than the principal office of the Organisation.

5. (1) ( a ) Except in the case of flights specified in Regulation 6 of these Regulations, the charge shall be calculated according to the following formula:

r = N x the unit rate

where r is the charge for the flight, N is the number of service units relating to the flight and the unit rate is the rate expressed as an amount in European Currency Units applied by the Organisation on the first day of each month and is recalculated monthly by applying the average monthly rate of exchange (being the average of the daily rates of exchange over the month) of the European Currency Unit to the Irish Pound for the month preceding the month during which the flight takes place. The exchange rate applied shall be the rate published in the Official Journal of the European Communities (Information and notices).

( b ) Notice of the amount of the unit rate shall be published in Iris Oifigiúil as soon as may be after the rate has been ascertained and a copy of the said Iris Oifigiúil purporting to contain any such notice shall be received in evidence and shall be sufficient evidence of the amount of the said unit rate in any legal proceedings in the State relating to the charge.

(2) For the purposes of paragraph (1), the number of service units relating to a flight shall be calculated in accordance with the following formula:

N = d x p

where d is the distance factor for the flight and p is the weight factor for the aircraft concerned.

(3) For the purposes of the preceding paragraph--

( a ) the distance factor shall be the number of kilometres in the great circle distance between the points specified in paragraph (4) of this Regulation, minus 20 kilometres for each landing and take-off in the relevant airspace, divided by 100 and expressed to two places of decimals, and

( b ) the weight factor, subject to paragraph (6) of this Regulation, shall be equal to the square roof of the quotient obtained by dividing by 50 the number of metric tons in the maximum authorised weight of the aircraft and shall be expressed to two places of decimals.

(4) The points referred to in paragraph (3) of this Regulation are:

( a ) the aerodrome of departure within the relevant airspace or, as the case may be, the point specified in paragraph (5) of this Regulation as the standard point of entry into that airspace for the route in question, or, in the case specified in subparagraph (d) of that paragraph, the actual point of entry into that airspace, and

( b ) the aerodrome of first destination within the relevant airspace or, as the case may be, the point specified in paragraph (5) of this Regulation as the standard point of exit from that airspace for the route in question or, in the case specified in subparagraph (d ) of that paragraph, the actual point of exit from that airspace.

(5) ( a ) The standard points of entry and exit referred to in paragraph (4) of this Regulation are the points, specified in Part II of the Schedule to these Regulations, where the median line of the appropriate Air Traffic Services ("ATS") route crosses the boundary of the relevant airspace.

( b ) For the purposes of this paragraph, the appropriate route shall be

(i) the route between the aerodrome of departure and the aerodrome of the first destination which appears to the Organisation at the time of the flight to be the most frequently used such route, or

(ii) if the Organisation is unable to ascertain which route is the most frequently used at the relevant time, the shortest such route.

( c ) Most frequently used routes shall be revised by the Organisation annually, not later than the 1st day of November, so as to take account of modifications which may exist in the route or traffic structure.

( d ) In the case of a flight in respect of which the aerodrome of departure or the aerodrome of first destination is situated in one of the zones specified in column (1) of Part I of the Schedule to these Regulations but no aerodrome is specified in column (2) of that Part, the point of entry into or, as the case may be, of exit from the relevant airspace over the Atlantic Oceam shall be the actual point where the flight crosses the limits of the lateral extent of the relevant airspace.

(6) ( a ) The weight factor shall be the square roof of the quotient obtained by dividing by fifty (50) the number of metric tons in the maximum certificate take-off weights of the aircraft as set out in the certificated of airworthiness, the flight manual or any other equivalent official document, as follows:

where maximum certificated take-off weight of the aircraft is not knows to the Organisation, the weight factor shall be calculated by taking the weight of the heaviest aircraft of that type know to exist.

( b ) Where, however, an operator has indicated to the Organisation that the composition of the fleet of aircraft of which he disposes includes two or more aircraft which are different versions of the same type, the average of the maximum take-off weight of all his aircraft of that type shall be used for the calculation of the weight factor for each aircraft of that type, and this calculation of the weight factor in respect of each aircraft type and each operator shall be effected at least once in every year.

6. (1) The charge in relation to a flight which enters the relevant airspace and in respect of which the aerodrome of departure or the aerodrome of first destination, as the case may be, is specified in column (2) of Part I of the Schedule to these Regulations and the aerodrome of first destination or the aerodrome of departure, as the case may be, is situated in any of the zones specified in column (1) of that Part shall be calculated according to the following formula:

c = Z x p

where c is the charge payable, Z is the charge specified in column (3) of that Part appropriate to a maximum authorised weight of 50 metric tons and p is the weight factor of the aircraft determined in accordance with Regulation 5 of these Regulations.

(2) ( a ) The charges specified in column (3) of Part I of the Schedule to these Regulations shall be recalculated monthly by the Organisation by applying the average monthly rate of exchange (being the average of the daily rates of exchange over the month) of the European Currency Unit to the Irish Pound for the month preceding the month during which the flight takes place. The exchange rate applied shall be the rate published in the Official Journal of the European Communities (Information and Notices).

( b ) Notice of the amounts of the charges specified in column (3) of Part I of the Schedule to these Regulations shall be published in Iris Oifigiúil as soon as may be after the amounts of those charges have been ascertained and a copy of the said Iris Oifigiúil purporting to contain any such notice shall be received in evidence and shall be sufficient evidence of the amounts of the said charges in any legal proceedings in the State concerning the same.

(3) Where a flight referred to in the preceding paragraph is by a military aircraft and is exempted in another state, being a member state or a contracting state, from payment of the amount corresponding to the charge, the charge shall be reduced by withdrawing from the distance appropriate to the relevant amount specified in Part I of the Schedule to these Regulations, a proportion corresponding to overflight of that state.

7. These Regulations shall not apply to--

( a ) flights by military aircraft of member states,

( b ) flights by military aircraft of a state other than a member state in so far as there is in force, at the time the flight is made, a bilateral or multilateral agreement or other arrangement providing for exemption from the charge for overflight of national territory by such aircraft to which that state and the State are parties,

( c ) search and rescue flights performed on the responsibility of a search and rescue body established by one or more states,

( d ) flights made entirely in accordance with the visual flight rules contained in Part III of the Air Navigation (Rules of the Air) Orders, 1973 to 1975, between the aerodrome of departure and the aerodrome of first destination,

( e ) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made,

( f ) flights by aircraft which are the property of a state but are not military aircraft provided that such flights are not made for commercial purposes,

( g ) flights made for the purposes of checking or testing equipment used or intended to be used as aids to air navigation,

( h ) test flights performed exclusively with a view to obtaining, renewing or maintaining the certificate of airworthiness of aircraft or equipment,

( i ) training flights performed exclusively with a view to obtaining, renewing or maintaining a pilot's licences or rating,

( j ) flights made by aircraft of which the maximum authorised weight is less than two metric tons.

8. The Air Navigation (Eurocontrol) (Route Charges) Regulations, 1980 to 1985, are hereby revoked.

SCHEDULE

PART I

PART II

Official Entry/Exit Points for Aircraft Entering and Leaving Irish Airspace as set out in Aeronautical Information Publication (AIP) Ireland.

GIVEN under my Official Seal, this 22nd day of December, 1989.

SEAMUS BRENNAN,

Minister for Tourism and

Transport.

EXPLANATORY NOTE.

These Regulations, which will come into operation on 1 January, 1990, reenact in consolidated form the Air Navigation (Eurocontrol) Route Charges Regulations, 1980 to 1985 (which will then stand revoked), with the substitution of European Currency Units for United States Dollars as the preferred currency in which Eurocontrol route charges shall be payable.